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Patna High Court

Vikash SahaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, subject to a bond and conditions under the B.N.S.S., 2023.

Summary

The petitioners, Vikash Sahani and Sujeet Sahani, sought bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging they were involved in the recovery of 280 litres of country‑made liquor from a chawar they were to keep for sale. The prosecution identified them based on local testimony, but the petitioners claimed innocence, asserting no possession of the liquor and attributing the accusation to personal enmity with a local chowkidar. The State opposed bail, noting the recovery was made from a remote location and not from the petitioners’ possession. The court, considering the lack of direct possession and the petitioners’ clean antecedents, granted bail subject to a bond of Rs 30,000 each and conditions under the Bihar Narcotic Substances Suppression Act, 2023. The bail order was conditioned on surrender within four weeks and compliance with Section 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether bail should be granted to the accused under the Bihar Narcotic Substances Suppression Act, 2023 in light of the alleged recovery of illicit liquor.
  • Whether the alleged recovery of liquor from a location not in the accused’s possession justifies continued detention.
  • Whether the personal enmity claim and clean antecedent of the accused affect the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illegal liquor
  • criminal procedure
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • B.N.S.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36224 of 2026
                     Arising Out of PS. Case No.-100 Year-2026 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
           1.     Vikash Sahani S/o Mohan Sahani R/o Village- Sarotar, P.S- Dumariya Ghat,
                  District -East Champaran
           2.    Sujeet Sahani @ Sujeet Kumar S/o Shambhu Sahani R/o Village- Sarotar,
                 P.S- Dumariya Ghat, District -East Champaran

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Shankar Shrivastava, Adv.
                 For the Opposite Party/s :      Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   02-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                3. The petitioners are apprehending arrest in

                   connection with Dumariyaghat P.S. Case No. 100 of 2026

                   lodged on 31.03.2026, for the offence punishable under Section

                   30(a) of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                4. As per the prosecution, FIR has been lodged against

                   two named accused persons (the present petitioners). Total
Patna High Court CR. MISC. No.36224 of 2026(2) dt.02-06-2026
                                            2/3




          recovery of 280 litres of country made liquor has been made

          from the chawar which was subject to be kept by the petitioners

          for sale and the petitioners were identified by the local public

          and local chowkidar and they managed to escape.

                       5. Learned counsel for the petitioners submit that the

          petitioners are innocent and have committed no offence and

          nothing has been recovered from their conscious possession.

          Counsel submits that the petitioners’ name has come in this case

          due to the reason that they have inimical terms with the local

          chowkidar. He further submits that the petitioners have clean

          antecedent and they are ready to fulfill all the conditions

          whatsoever shall be imposed upon them.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioners but fairly submits that the alleged

          recovery has been made from a lonely place and not from the

          petitioners’ possession.

                       7. As such, in the present facts and circumstances of

          this case, let the above named petitioners be released on bail, in

          the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in

          Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of
             Patna High Court CR. MISC. No.36224 of 2026(2) dt.02-06-2026
                                                         3/3




                       Exclusive Special Excise Court no.3, East Champaran at

                       Motihari, in connection with Dumariyaghat P.S. Case No. 100

                       of 2026, subject to the conditions as laid down U/s 482(2) of the

                       B.N.S.S., 2023.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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